Author Archives: David S. Zapp and Johanna S. Zapp

byMichael D. Schwartz and Harry Sandick on April 24, 2019

In United States v. Walker, 17-1896-cr (April 4, 2019), the Second Circuit held that the Government breached its plea agreement with the defendant by advocating for a term of imprisonment that was substantially higher than the Government’s initial sentencing estimate in the plea agreement.  The decision addresses […]

In Rodriguez v. United States, the Second Circuit remanded the case to the district court to hear evidence on a defendant’s application to vacate her guilty plea on the grounds that she would not have entered into the plea if her counsel had properly advised her as to its immigration consequences.

Most defense attorneys know that […]

I want to answer a question that I’ve been asked by an inmate who is extradition and who wants to know what the future holds for him in the United States. I want to write this article in a way that everyone similarly situated will find useful.

The question asked is, “what do the prosecutors want […]

By Stephanie Teplin and Harry Sandick on July 6, 2017, edited by David Zapp & Johanna Zapp

In United States v. Delacruz the Second Circuit the Second Circuit emphasized it previous ruling that a Sentencing Guidelines reduction for “acceptance of responsibility” is appropriate where the defendant truthfully admits the conduct comprising the offense of conviction.  It […]

By Elena Steiger Reich and Harry Sandick on August 11, 2016 edited by David Zapp & Johanna Zapp

Here’s a case that definitively answers a question that many defendants and lawyers have had.

In Jane Doe v. USA, 15-1967, the Second Circuit vacated the granting of petitioner’s motion to expunge all records of her criminal conviction holding […]

By Elena Steiger Reich & Harry Sandick

Defendant, a former member of the Polish armed services, was recruited in 2013 to provide security and counter-surveillance services by individuals posing as Colombian drug traffickers.  The individuals who recruited Defendant were in fact confidential sources running a sting operation for the United States government.  Defendant pled guilty […]

By Elena Steiger Reich & Harry Sandick 

In Reese v. United States, the Second Circuit vacated the order of the U.S. District Court for the Southern District of New York (Marrero, J.) denying Reese’s petition to vacate his conviction and sentence pursuant to 28 U.S.C. § 2255.  Reese claimed that his counsel had provided ineffective assistance. The district court rejected the […]